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TERMS AND CONDITIONS

Mitsubishi Dealers – Terms and Conditions

Last updated: December 19, 2016

Welcome

Thank you for visiting the website of your local Mitsubishi Canada Dealer (“Dealer”, “we”, “our”, etc.). Your Dealer is an independent retailer for Mitsubishi Motor Sales of Canada, Inc. (“MMSCAN”). These Terms and Conditions apply to your access to, and use of, this website and any authorized Dealer website where these Terms and Conditions are posted (“Site”). MMSCAN has no liability for your use of this Site. Please read these Terms and Conditions carefully. By accessing or using the Site, you acknowledge that you have read and understand these Terms and Conditions and that you agree to be bound by the Terms and Conditions and any additional terms to which you agree when using particular elements of the Site. If you do not agree to all of these terms, do not access or use the Site. We reserve the right to change these Terms and Conditions or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site and you waive any right you may have to receive specific notice of such changes or modifications. Please review these terms each time you access this Site as they may change from time to time. Your continued use of the Site after any change shall indicate your acknowledgement and agreement to be bound by such change. If you do not agree to any changes or modifications to these Terms and Conditions, do not use the Site. Any use of the Site in violation of these Terms and Conditions may result in, among other things, termination or suspension of your right to use the Site.

1. Use in Canada

Information on this Site applies to products and services for the Canadian marketplace only. While Mitsubishi Motors vehicles are available in many parts of the world, Dealer distribute vehicles only in the province or territory in which the Dealer is located or licensed to do so. If you access this Site from outside the province or territory in which is the Dealer is located, you must do so in compliance with the laws of your jurisdiction. Promotional programs described on this Site are available only from the Dealer. Please review the program rules for details and contact the Dealer for all conditions and final pricing.

2. Vehicles and Pricing

The information contained on this Site is provided to you for information purposes only and does not in any way constitute advice or an offer to buy or sell any vehicle by the Dealer. The purchase of any vehicle is subject to the terms and conditions of the applicable sale, lease or financing contract. Dealer and its representatives may sell for less. Visit us to discuss and confirm offers, promotions and any advertised prices. Unless otherwise indicated, prices on the Site for vehicles are manufacturer’s suggested retail prices, exclusive of any applicable taxes (including air conditioning excise tax and new tire duties), dealer pre-delivery fees, administration fees, environmental handling fees, PPSA search fees (if financing or leasing), licence and registration fees, and extra dealer-installed accessories or equipment. In the provinces of British Columbia, Alberta, Manitoba and Ontario, the advertised prices on the Site for vehicles are manufacturer’s suggested retail price and inclusive of that province or territory’s applicable fees and may include pre-delivery charges, air conditioning, excise tax, environmental handling fees, new tire duties and administration fees. Applicable taxes, licence, registration and selected dealer-installed accessories and equipment are extra. Confirm with your local Dealer of what is included and what is not included in advertised prices. For Dealers located in the province of Quebec, prices on the Site for vehicles are manufacturer’s suggested retail prices and inclusive of Dealer pre-delivery charges, air conditioning excise tax, environmental handling fees, new tire duties, administration fees and are exclusive of any applicable taxes, licence and registration, and extra dealer-installed accessories or equipment. Administration fees vary across Canada and Dealer. Prices, including prices for pre-owned vehicles, and applicable fees are for information purposes only, subject to change at any time without obligation, and may vary by region and Dealer. Come visit us for more information and confirm any advertised pricing. These prices are in Canadian dollars and applicable to the Canadian marketplace. Any calculation of price, tax or finance or lease rates is provided as an estimate for your reference only. You should not use or rely on any of the information on this Site, without limitation any calculations of prices, taxes, finance or lease rates and valuations, as a substitute for the information that is available to you from a Dealer. Dealers are independent and are free to set their own prices and financing terms. Not all Dealers participate in financing programs. Dealers are not responsible for any detrimental reliance you may place on this Site. Vehicle information, technical data, equipment and options shown are based on the latest information available at the time of printing and are subject to change without notice. Prices, equipment and specifications including standard features, accessories, options and colours are subject to availability and are subject to change without notice. Illustrations are representative only. Colours may vary due to the screen resolution and other factors. Exterior and interior lights on vehicles shown may be illuminated for illustration purposes only. Vehicles may be shown with optional equipment or images may be international models shown. Not all equipment is available on every model or trim. For complete details about equipment configuration and Mitsubishi Genuine Accessories, please contact your Dealer.

3. Copyright and Use of Site

Unless otherwise indicated, the Site, including all materials contained on the Site (including but not limited to the designs, texts, graphics, pictures, videos, information, data, software, sound files, other files, and the selection and arrangement thereof (“Site Materials”)), is the proprietary property of the Dealer, MMSCAN or their licensors and is protected by Canadian and international copyright laws. You are granted a limited, revocable, non-sublicensable license to access and use the Site and Site Materials for the purpose of learning about, evaluating, or acquiring MMSCAN and Dealer products; however, such license is subject to these Terms and Conditions and does not include (a) any resale or commercial use of the Site or Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site or Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms (d) use of any data mining, scraping, robots or similar data gathering or extraction methods, except those used by search engines Google, Bing and Yahoo to crawl and index non-restricted publicly accessible pages in accordance with all limitations provided in the robots.txt file; (e) downloading (other than the page caching during normal operation of your browser) of any portion of the Site or Site Materials, except as expressly permitted on the Site; (f) use of the Site in any manner which is contrary to applicable laws, (g) use of the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use or enjoyment of the site, or (h) any use of the Site or Site Materials, other than for their intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein, without the prior written permission of the Dealer and MMSCAN, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

4. Trademarks

All trademarks and logos on this Site are owned by the Dealer, Mitsubishi Motors North America, Inc., Mitsubishi Motors Corporation or their licensors and are used under licence. All rights reserved. You may not use any metatags or any other “hidden text” utilizing the Dealer or MMSCAN’s name, trademark or product or service name it uses without prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Dealer or MMSCAN and may not be copied, imitated or used, in whole or in part, without Dealer’s or MMSCAN ‘s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, or companies does not constitute or imply endorsement, sponsorship or recommendation by Dealer or MMSCAN.

5. Privacy Policy

Please refer to Dealer’s Privacy Policy for information about how Dealer collects, uses and discloses your personal information.

6. Links

Dealer makes an effort to include links to sites that are in good taste and, we hope, of interest to you. Our Site may be linked from another website. We do not control, nor are we responsible for, the content of these sites, and a link to or from our website does not imply endorsement of the other site. When you visit other sites via links or embedded content, such as MMSCAN’s website or any other website, you should understand that these Terms and Conditions and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Dealer or its products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Dealer or MMSCAN logo or other proprietary graphic of Dealer or MMSCAN to link to the Site without the express written permission of Dealer or MMSCAN, as applicable. Further, you may not use, frame or utilize framing techniques to enclose any Dealer or MMSCAN trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site, without the express written consent of Dealer or MMSCAN, as applicable. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Dealer or any third party.

7. Submissions

You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Dealer or MMSCAN or our products (collectively, “Submissions”). Submissions, whether posted to the Site or provided to Dealer or MMSCAN by email or otherwise, are non-confidential and shall become the sole property of Dealer or MMSCAN. Dealer or MMSCAN shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. Indemnification

You agree to defend, indemnify and hold harmless Dealer and MMSCAN and their subsidiaries, independent contractors, affiliates, service providers and consultants, and their respective directors, employees and agents (“Indemnified Parties”), from and against any claims, damages, costs, liabilities and expenses (including but not limited to reasonable legal fees) arising out of or related to (a) your use of the Site; (b) any Submission you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another or (e) your conduct in connection with the Site.

9. Disclaimer

While every effort has been made to ensure the accuracy of the material contained in this Site, Dealer does not warrant or make any representations regarding the use of the Site in terms of its correctness, accuracy, reliability or otherwise. The Site may include technical inaccuracies or typographical errors, and may require updating or the addition of content. Dealer may make changes or improvements at any time and without notice. This Site and all Site Materials are provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind, including statutory, express or implied. To the fullest extent permitted by law, Dealer expressly disclaims all representations, warranties and conditions with respect to the Site and its content including, without limitation, any implied warranties of merchantability, non-infringement, fitness for a particular purpose, reliability, completeness and accuracy. Some jurisdictions do not allow the exclusion of warranties, so the above limitations may not apply to you.

10. Limitation of Liability

The Indemnified Parities Parties will not be responsible for any damages whatsoever (including, without limitation, indirect, special, incidental or consequential damages) resulting from any loss, injury or damage of any kind including, including but not limited to loss of use, loss of profits, or loss of data arising out of or in any way connected with the use of, or inability to use, the Site, even if the Indemnified Parties have been advised of the possibility of such damages. In any event, the Indemnified Parties’ total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), strict liability, or otherwise, shall be limited to five (5) dollars CAD. Some jurisdictions do not allow the limitation of certain liabilities, so the above limitations may not apply to you. The Indemnified Parties liability is limited to the maximum extent permitted by law in such jurisdiction.

11. Modifications to the Site

Dealer reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof, without prior notice. You agree that Dealer will not be liable for any modification, suspension or discontinuance of the Site or any portion thereof.

12. Termination

Dealer reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site.

13. Miscellaneous

These Terms and Conditions, together with any additional terms to which you agree when using particular elements of this Site, constitute the entire agreement regarding the Site, and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Dealer with respect to the Site or the services provided on the Site. These Terms and Conditions are governed by, and construed in accordance with, the laws of the province or territory of which the Dealer is located and the laws applicable therein, regardless of principles of conflict of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal, invalid, or unenforceable, then such term or condition is eliminated and the remaining terms and conditions will remain in force and effect. Dealer’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any disputes related to these Terms and Conditions will be heard only in the courts of the province or territory in which the Dealer is located.